Bathroom waterproofing: what the rules require, and what to photograph
Building Code clause E3 requires wet-area surfaces to be impervious and constructed so splash cannot get behind the linings. What that means for a shower, and what a determination found when it failed.
By Bathroom Renovation NZ
Key takeaways
- Building Code clause E3.3.4 requires wall surfaces next to sanitary fixtures to be impervious and easily cleaned.
- E3.3.5 extends that to any surface likely to be splashed or contaminated in normal use.
- E3.3.6 requires splashed surfaces to be constructed so water cannot penetrate behind linings or into concealed spaces.
- In Determination 2024/054, two tiled showers failed all three: cracked grout along the tile joints let water into the concealed space and damaged flooring and floor joists.
- Waterproofing is not a licensed trade in New Zealand, so the check on it is the membrane manufacturer's system, the installer's training in it, and the photographic record.
New Zealand's Building Code does not say “install a membrane”. Clause E3 Internal moisture requires the result: wall surfaces next to sanitary fixtures must be impervious and easily cleaned (E3.3.4), surfaces likely to be splashed must be impervious and easily cleaned (E3.3.5), and they must be constructed so water splash cannot penetrate behind linings or into concealed spaces (E3.3.6). A waterproof membrane under the tiles is how a tiled shower meets that.
The three clauses, in full
| Clause | What it requires |
|---|---|
| E3.3.4 | Wall surfaces adjacent to sanitary fixtures or sanitary appliances must be impervious and easily cleaned. |
| E3.3.5 | Surfaces of building elements likely to be splashed or become contaminated in the course of the intended use of the building, must be impervious and easily cleaned. |
| E3.3.6 | Surfaces of building elements likely to be splashed must be constructed in a way that prevents water splash from penetrating behind linings or into concealed spaces. |
The determination puts the three together in one sentence: “the tiled walls to the shower must be impervious, easily cleaned, and be constructed in a way that prevents water splash from penetrating behind linings or into concealed spaces”. The objective behind them, clause E3.2(c), is to avoid the likelihood of damage to building elements caused by moisture.
What failure looks like
Determination 2024/054 is a useful thing to read precisely because it is so ordinary. Two tiled showers in a dwelling. A tiler's report identified damage to flooring and floor joists in the concealed space of the upper-floor framing, attributed to grouting failure along the tile joints of both showers. Photographs showed cracking to the grout. The same issue was in both.
The finding: “As the cracks allow water to enter the concealed space behind the shower walls, the tiled showers are not compliant with the relevant performance requirements of clauses E3.3.4, E3.3.5 or E3.3.6.” The formal decision records that the building work failed all three clauses. Nobody needed a consent for the work. It still failed.
Grout is not waterproofing
That is the practical lesson. Grout is a filler between tiles and it moves, cracks and wears. The membrane under the tiles is what stops water reaching the framing when the grout does crack. Re-grouting a shower that is leaking treats the symptom: it is worth doing when the grout is simply stained or tired, and worth nothing when water is already in the wall.
If you are deciding whether a refresh or a retile is the right scope, this is the question that decides it. A refresh keeps the membrane you have. A retile replaces it.
Nobody licenses waterproofers
Plumbing is licensed by the PGDB. Electrical work is licensed by the EWRB. Restricted building work needs an LBP. Applying a waterproof membrane in a domestic bathroom is not, on its own, any of those. There is no register to check.
So the questions worth asking a bathroom company are different: which membrane system are you using, are your applicators trained in that specific system, what is the substrate, how long between coats, and what do I get in writing afterwards. Membrane manufacturers publish installation instructions, and those instructions are the standard the installation is judged against.
What to photograph
- The framing and substrate once the old linings are off, before anything new goes on.
- Any rot, damp or damage found, before it is repaired, and again after.
- The substrate sheets fixed and the joints and corners prepared.
- The first membrane coat, wet, across the whole wet area including the floor and the upstands.
- The final coat, cured, with the tin or pail in shot so the product is identifiable.
- The shower tray or waste installed and sealed into the membrane.
- The membrane product data sheet and the installation instructions, kept as files, not as a memory.
That set is the records pack we hand over at the end of a job, and it is the same set we would want as a buyer. What records to keep for exempt bathroom work covers where they go afterwards.
Questions
Does the Building Code require a waterproof membrane?
The Code sets performance requirements, not products: E3.3.4, E3.3.5 and E3.3.6 require wet-area surfaces to be impervious, easily cleaned, and built so splash cannot get behind the linings. A membrane under the tiles is the normal way a tiled shower achieves that, and Determination 2024/054 treats the membrane as part of the shower's linings.
Can I just re-grout instead of retiling?
Only if the grout is the entire problem and nothing has got behind it. Re-grouting is cheap, and Superior Renovations puts it at $100–200 in materials against $600–1,500 for new tiling in Auckland. If there is any sign of moisture in the wall, a moisture reading or a soft spot, re-grouting buys time rather than fixing anything.
Is the waterproofer licensed?
No. Applying a wet-area membrane is not a licensed trade in New Zealand. Ask instead which membrane system is being used, whether the applicator is trained in it, and what photographic record you get.
How much of the budget is waterproofing?
Superior Renovations' breakdown puts waterproofing at 3–5% of a bathroom renovation total, $500–1,000 on a mid-range job. It is the cheapest line on the job and the most expensive one to get wrong.
What if the shower is already leaking?
Tell us before the visit. We take non-invasive moisture readings around the shower and bath, and look at the subfloor from below where there is safe access, so the budget carries a realistic allowance for what is behind the tiles rather than a surprise later.
Sources
Published 16 September 2026, last updated 16 September 2026 by Bathroom Renovation NZ. Every figure and rule on this page is quoted from a source we read in full on the checked date. See our editorial policy.